JUDGMENT :

Rai Chattopadhyay, J.

1. This appeal has been preferred by the convicts/appellants assailing the judgment of conviction and order of sentence of the Additional Sessions Judge at Bolpur, Birbhum dated on 09.01.2022. The judgment was delivered in Sessions Trial No. 3(May)/2018, which was held in connection with Ilambazar Police Station Case No.11/2018 dated 30.10.2018. The case is for an offence under Section 376D of the Indian Penal Code (IPC).

2. The prosecution was started pursuant to lodging of the First Information Report (FIR) as above in Ilambazar Police Station on 30.01.2018. The victim was the informant. The FIR was scribed by the person named Sk. Ahsan. The FIR disclosed the incident/alleged offence inter alia as below:-

The complainant has stated to be residing at Vill:-Fulbagan (Dhalla), P.O:-Illambazar, Dist:-Birbhum, and being 26 years of age and also being wife to one Pradhan Mardi. She has alleged to have been gang raped by the present appellants. She has stated the date of incident to be 29.01.2018. The date was for immersion of goddess Saraswati, in the village. Loud speakers were being played. The time of incident is mentioned about 2:00 a.m. in the mid night. Appellant/convict Sarkar Mardi has been alleged to have entered into the house of the victim and raped her. The victim has written about employing force employed by the said person while committing sexual offence as above with her and also absence of any consent on her part. She says that one Mantri Kisku, Suku Hembram and “another person” (who happens to be the husband of any girl from the said village) also entered into her house and forcefully took her out from there and to the place behind the house. Allegedly, Mantri Kisku also raped her for the second time and fled away. The victim has stated in the FIR that on the next date she went to her parent’s house at ‘Hedogoria’ and disclosed about the incident to her parents. That, thereafter on 30.01.2018 she came to the police station for reporting the incident. The victim has further stated that she could identify the accused persons in the electric light. She has also informed that her wearing apparels, particularly under garment (petticoat) has been washed off and during the period from the occurrence of the offence till her reporting the offence in the police station she also has taken bath and cleaned herself. She has further stated that after contents of the said FIR being read over and explained to her, she has put her thumb impression.

3. Thus, the police case started and police initiated investigation. Investigation has culminated into filing of charge sheet, against the present appellant under section 376D of the IPC. Charges were framed against all the 4 accused persons (now convicts) on 16.04.2019, to which they pleaded not guilty. Hence, the trial started.

4. In the trial the prosecution has examined 13 witnesses. For best understanding about the prosecution’s evidence let us categorize the witnesses in the following manner:-

5. Certain documents have been exhibited and proved by the prosecution and two material exhibits, i.e., Bhojali (MAT Exhibit– I) and Nokia Mobile phone (MAT Exhibit– II) have also been proved.

6. Defence has proved one document, i.e., Exhibit – A, which is the bengali calendar f